Kimpson v. Wingo

Special ground 7 of the amended motion for a new trial will be considered with the general grounds. The plaintiff in error contends that plaintiff’s cause of action must fail because any liability of the defendant depends on plaintiff’s proving the existence of the latent defect alleged, that is, “the beam under the flooring of said porch collapsed under plaintiff’s weight because it was defective in that it was rotten through and through”, and that plaintiff failed to prove that such beam was rotten. Lum Broome testified in part: “This plank was broken all the way through. After it was…